[EL] Outlawing #McConnelling

Tue Jul 29 14:50:37 PDT 2014

How about charging minimum wage, or the prevailing rate for telemarketer 
services, whichever is higher, for phone "bank" work done by 
volunteers?  Especially if using script, list, or on-screen computer 
system provided by campaign.  And most certainly if reporting results so 
that campaign can update list (or if fundraising for campaign).  - dah

On 7/29/2014 2:38 PM, Paul Ryan wrote:
>
> The San Diego and Philly proposed ordinances are quite similar to the 
> FEC's regulation on republication of campaign materials at 11 CFR 
> 109.23.  Earlier this year, we filed a complaint with the FEC against 
> Senate Majority PAC based on 109.23, for its republication of Braley 
> For Iowa campaign materials: 
> http://www.campaignlegalcenter.org/images/CLC_D21_Complaint_Against_Senate_Majority_PAC_3_27_14_Date_Stamped.pdf. 
> Best,
>
> /Paul Seamus Ryan/
>
> /Senior Counsel/
>
> /The Campaign Legal Center, Recipient of the 2014 MacArthur Award for 
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> *From:*law-election-bounces at department-lists.uci.edu 
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of 
> *Fredric Woocher
> *Sent:* Tuesday, July 29, 2014 5:27 PM
> *To:* Adam Bonin; law-election at uci.edu
> *Subject:* Re: [EL] Outlawing #McConnelling
>
> San Diego's Ethics Commission recently proposed a similar amendment to 
> its campaign finance ordinance, although the amendment (1) does not 
> require that the candidate's materials be reproduced with the 
> candidate's consent, and (2) the expenditure is considered to be an 
> in-kind contribution from the committee reproducing the materials /to/ 
> the candidate, but not a contribution received /by/ the candidate.  I 
> have my doubts regarding the constitutionality of the proposed amendment.
>
> www.sandiego.gov/ethics/pdf/eccoamendments_140702.pdf 
> <http://www.sandiego.gov/ethics/pdf/eccoamendments_140702.pdf>
>
> *PROPOSED AMENDMENTS *
>
> *July 2, 2014 *
>
> *27.2947 Duplication of a Candidate's Campaign Materials *
>
> (a) Any /committee /that makes a /payment /for distributing or 
> disseminating an advertisement that duplicates, reproduces, or 
> republishes a /candidate's /campaign materials, in whole or in part, 
> has made a /contribution /to the /candidate /for purposes of the 
> /contribution /limits and source prohibitions set forth in sections 
> 27.2934, 27.2935, 27.2950, and 27.2951.
>
> (b) The "making" of a /contribution /to a /candidate /under subsection 
> (a) does not mean that the /candidate /has "accepted" or "received" a 
> /contribution /for purposes of /contribution /limits or source 
> prohibitions. Accordingly, nothing in this section imposes any 
> liability on a /candidate /whose campaign materials were duplicated, 
> reproduced, or republished.
>
> (c) The provisions of this section apply to a /committee's 
> /advertisement in support of a /candidate /that uses materials 
> created, prepared, or obtained by the /candidate /or the /candidate's 
> controlled committee /for campaign purposes, including, but not 
> limited to, mailers; flyers; pamphlets; door hangers; walking cards; 
> posters; yard signs; billboards; banners and large signs; business 
> cards; campaign buttons; bumper stickers; newspaper, magazine, 
> television, radio, and Internet advertisements; photographs; audio 
> recordings; and videos, regardless of whether such materials were 
> accessible to members of the public on the Internet or through other 
> means not requiring coordination with the /candidate /or the 
> /candidate's controlled committee/.
>
> (d) The provisions of this section do not apply to:
>
> (1) any written statements contained in a /candidate's /campaign 
> materials;
>
> (2) any statements made by a /candidate /while delivering a speech or 
> speaking at a debate, forum, or similar public event in an 
> advertisement that does not use an audio or video recording made by 
> the /candidate /or the /candidate's controlled committee/;
>
> (3) the duplication of a single photograph of the /candidate/;
>
> (4) /member communications/; or, Page 2 of 2
>
> (5) instances in which a /payment /was "made at the behest" of a 
> /candidate/, as that term is defined in title 2, section 18225.7 of 
> the California Code of Regulations. Such a /payment /is a 
> /contribution /regardless of whether any campaign materials were 
> duplicated, reproduced, or republished.
>
> Fredric D. Woocher
>
> Strumwasser & Woocher LLP
>
> 10940 Wilshire Blvd., Ste. 2000
>
> Los Angeles, CA 90024
>
> fwoocher at strumwooch.com <mailto:fwoocher at strumwooch.com>
>
> (310) 576-1233
>
> *From:*law-election-bounces at department-lists.uci.edu 
> <mailto:law-election-bounces at department-lists.uci.edu> 
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of 
> *Adam Bonin
> *Sent:* Tuesday, July 29, 2014 5:34 AM
> *To:* law-election at uci.edu <mailto:law-election at uci.edu>
> *Subject:* [EL] Outlawing #McConnelling
>
> Among the proposed amendments to Philadelphia's local campaign finance 
> ordinance is the following. Curious on folks' thoughts about its 
> constitutionality/potential effectiveness:
>
> http://www.phila.gov/ethicsboard/PDF/BOERegNo1_CampaignFinance_ProposedAmendmentPostedRecordsDept_7.17.14.pdf
>
> *1.40 Republication of campaign communications or materials.* An 
> expenditure made to reproduce, republish, or disseminate a campaign 
> communication (including audio recordings or video footage) or 
> campaign material (such as photographs, flyers, signs, or brochures) 
> prepared by a candidate's campaign:
>
> a. Shall be considered an in-kind contribution for the purposes of the 
> contribution limits that apply to the person making the expenditure.
>
> b. Shall be considered an in-kind contribution for the purposes of the 
> contribution limits that apply to the candidate if the person making 
> the expenditure obtains the communication or materials directly from 
> the candidate's campaign or from another source with the consent of 
> the candidate's campaign.
>
> A campaign communication or campaign material is obtained with the 
> candidate's consent if the candidate provides it to a third party so 
> that another person is able to obtain the communication or material 
> from that third party.
>
> c. Shall not be considered an in-kind contribution for the purposes of 
> the contribution limits if:
>
> i. The communication or material is incorporated into a communication 
> that advocates the defeat of the candidate that prepared the material; or
>
> ii. The news media reproduces, republishes, or disseminates the 
> communication or material.
>
> Example: Three weeks before election day, candidate A's campaign 
> uploads 5 minutes of b-roll video footage to her YouTube channel. The 
> political committee Pennsylvanians for a Better Pennsylvania downloads 
> the video and uses the footage to create a television advertisement. 
> The committee spends $100,000 to run the advertisement on three 
> television stations during the week before election day.
>
> Pennsylvanians for a Better Pennsylvania obtained a campaign 
> communication created by candidate A's campaign with the consent of 
> the candidate's campaign. As such, the committee's expenditure of 
> $100,000 was coordinated with candidate A's campaign and is an in-kind 
> contribution from the committee to candidate in excess of the 
> contribution limits.
>
> Adam C. Bonin
> The Law Office of Adam C. Bonin
> 1900 Market Street, 4th Floor
> Philadelphia, PA 19103
> (215) 864-8002 (w)
> (215) 701-2321 (f)
> (267) 242-5014 (c)
>
> adam at boninlaw.com <mailto:adam at boninlaw.com>
>
> http://www.boninlaw.com <http://www.boninlaw.com/>
>
>
>
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> -- 
> David A. Holtzman, M.P.H., J.D.
> david at holtzmanlaw.com
>
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